Report

Reform to conserve: a novel approach to the UK and the ECtHR via the Council of Europe

This report from UK think tank the Henry Jackson Society presents the case for reforming the European Court of Human Rights to address growing concerns over its perceived constraints on UK sovereignty.

This policy paper presents a compelling case for reforming the European Court of Human Rights (ECtHR) to address growing concerns over its perceived constraints on UK sovereignty, particularly in the realm of immigration policy. It argues that withdrawing from the ECHR, while superficially appealing to some, would exact significant diplomatic, legal and moral costs, undermining the UK’s global leadership and breaching key agreements such as the Belfast/Good Friday Agreement. Instead, the paper outlines a proactive reform agenda, leveraging the UK’s influence within the Council of Europe (CoE) to strengthen the ECtHR’s transparency, impartiality and efficiency.

The proposal, titled ‘Reform to Conserve’, underscores the importance of addressing the Court’s structural flaws – particularly the expanding interpretation of rights and the lack of rigorous judicial selection processes. It calls for practical measures, including stricter appointment criteria for judges, mandatory declarations of interest and a robust recusal framework to ensure impartiality and mitigate conflicts of interest. These reforms are essential to restoring public confidence and ensuring that the ECtHR remains a credible guardian of human rights, rather than a source of judicial overreach.

The paper highlights the UK’s unique opportunity to lead a coalition of reform-minded states at a critical juncture in European politics. Rising discontent with judicial activism and immigration challenges across the continent has created fertile ground for change. By spearheading reforms grounded in subsidiarity and judicial accountability, the UK can simultaneously address domestic sovereignty concerns and reinforce its standing as a global advocate for human rights and the rule of law.

The analysis concludes that reform is not only feasible but imperative. With principled leadership and targeted action within the CoE’s Parliamentary Assembly and Committee of Ministers, the UK can preserve its influence, safeguard its domestic interests and reinforce the ECtHR’s foundational balance between individual rights and state sovereignty. By choosing reform over retreat, the UK can uphold its legacy as a leader in European human rights while ensuring the ECHR evolves to meet the challenges of the 21st century.